A Road Accident Fund claim comes with deadlines.Â
If you have been injured in a road accident, waiting too long to start your claim can put your right to compensation at risk. The Road Accident Fund claim time limit depends on the circumstances of the accident, including whether the driver responsible can be identified.Â
Understanding the deadline is important, especially in hit-and-run accidents.Â
How long do you have to claim from the RAF?
The time limit generally depends on whether the vehicle and driver responsible for the accident can be identified.Â
For claims involving an identified driver, the general prescription period is three years from the date the claim arose.Â
For claims involving an unidentified driver, such as a hit-and-run accident, the applicable period is generally two years.Â
These deadlines are important because a claim may prescribe if the required legal steps are not taken within the applicable period.Â
If you are unsure which time limit applies to your circumstances, it is best to obtain legal advice as early as possible.Â
What does prescription mean?
Prescription refers to the expiry of the legal period within which a claim must be instituted.Â
In simple terms, it means you cannot assume that you can wait indefinitely before taking action.Â
The date of the accident is therefore important. Even if you are still receiving medical treatment or dealing with the consequences of your injuries, the legal time limits may continue to run.Â
This is one reason why delaying a Road Accident Fund claim can be risky.Â
What about hit-and-run accidents?
I was injured in a hit-and-run. Can I still claim from the RAF?Â
Potentially, yes.Â
A hit-and-run accident does not automatically mean that you have no claim. Where the driver or vehicle cannot be identified, different requirements and time limits may apply.Â
These claims can be more difficult because there may be challenges in establishing what happened and identifying the vehicle or driver.Â
Evidence such as police reports, witness information, photographs, CCTV footage and medical records may become particularly important.Â
If you were injured in a hit-and-run accident, getting advice early can help you understand whether you may have a valid claim and what steps need to be taken.Â
Why incomplete RAF claim forms can cause problems
Submitting paperwork is not necessarily enough to protect your claim.Â
The RAF’s claim documentation warns that incomplete claim forms may not interrupt prescription. This means that simply submitting an incomplete form and assuming your deadline has been dealt with can create serious problems.Â
Your claim documentation should therefore be completed carefully and supported by the required information and documents.Â
If you are approaching a deadline, do not wait until the final days to try to resolve missing information.Â
What happens if the person claiming is a minor?
Claims involving children can have different prescription considerations from claims involving adults.Â
Because the rules can depend on the circumstances and the child’s age, parents or guardians should not assume that they can simply wait until the child becomes an adult before seeking advice.Â
If a child was injured in a road accident, obtaining legal guidance early can help ensure that the applicable requirements and time limits are properly considered.Â
What documents should you gather early?
You do not need to wait until you have every document before seeking legal advice.Â
However, it is useful to start gathering:Â
- Your identity documentÂ
- Police or accident reportsÂ
- Medical records and accountsÂ
- Details of the accidentÂ
- Witness informationÂ
- Photographs or video evidenceÂ
- Proof of income, where relevantÂ
- Employment informationÂ
- Information about the vehicle involvedÂ
- Funeral documents in fatal accident claimsÂ
Keep copies of everything relating to the accident and your injuries.Â
Why you should not wait until the deadline
A RAF claim can involve much more than completing a form.Â
Evidence may need to be obtained, medical information may need to be assessed, liability may need to be investigated and supporting documents may need to be prepared.Â
Waiting until the deadline is close can leave little time to address missing information or unexpected complications.Â
The earlier you understand your position, the more options you may have.Â
When should you speak to a RAF attorney?
You should consider obtaining legal advice as soon as possible after a serious road accident, particularly if:Â
- You suffered significant injuriesÂ
- You cannot work because of the accidentÂ
- The accident involved a hit-and-runÂ
- The driver or vehicle cannot be identifiedÂ
- A family member died in the accidentÂ
- You are unsure whether your claim has prescribedÂ
- You are approaching the applicable deadlineÂ
- You have already submitted a claim but are unsure whether it was properly completedÂ
An attorney can assess the circumstances of your accident and help you understand the applicable RAF claim time limit.Â
Frequently Asked Questions
How long do I have to claim from the Road Accident Fund?
The general period is three years for claims involving an identified driver and two years for claims involving an unidentified driver, subject to the applicable legal requirements and circumstances.Â
What happens if I miss the RAF claim deadline?
A claim may prescribe if the required steps are not taken within the applicable period. Because prescription rules can be complex, obtain legal advice if you believe your deadline has passed or is approaching.Â
Can I claim from the RAF after a hit-and-run?
Can I claim from the RAF after a hit-and-run?Â
You may be able to claim where the driver or vehicle is unidentified, but different requirements and time limits apply. Evidence proving the accident and resulting injuries can be particularly important.Â
Does submitting an incomplete RAF form stop prescription?
Can I claim from the RAF after a hit-and-run?Â
You may be able to claim where the driver or vehicle is unidentified, but different requirements and time limits apply. Evidence proving the accident and resulting injuries can be particularly important.Â
If you have been injured in a road accident, the sooner you understand your legal position, the better. PM Attorneys assists clients with Road Accident Fund claims in South Africa, including claims involving serious injuries, loss of income and hit-and-run accidents.Â
